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3 day notice to pay rent or quit & 3 day notice to quit

Los Angeles, CA |

I know you start counting from the day after you are properly served with a '3 day notice to quit' (or '3 day notice to pay or quit'), but does the three days include holidays and weekends??? For example if someone leaves the notice at your door (I know that this is not proper service with attempting personal service), on a Saturday, and Monday is a holiday, would the first day to be counted towards the three days be Tuesday??? In other words does weekends and holidays count towards the three days? Any law that can be provided is appreciated. Thanks.

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Attorney answers 2


To count the days in the notice period:

The first day is the day after the notice is served.
Then count every day on the calendar, including weekends and holidays.
If the last day of the notice period falls on a holiday or weekend, then the notice period ends the next work day.

The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.


The first day would be the day after you are served with a 3 day notice. A 3 day notice can be served by posting and mailing, it does not need to be personally served. Look on the notice to see what days are listed as days the landlord will accept payment. Even if the last day falls on a weekend or holiday, it will count if the landlord is able to accept payment. If payment is by mail only, then obviously the last day cannot fall on a Sunday or holiday.



CCP §1162 requires that notices to quit/vacate be personally served, only allowing for substitute or ‘nail and mail’ service if personal service is impossible because the tenant’s residence or business address is not known, or because a person of suitable age was not found to receive said documents.

Yousef Monadjemi

Yousef Monadjemi


Correct, but one attempt to personally serve is all that is needed. If no answer, you can nail and mail.

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